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30 P.R. 183

Gandía v. Stubbe

Supreme Court of Puerto Rico

Decided March 10, 1922

Supreme Court of Puerto Rico · decided 1922-03-10

<p>Appeal — Attachment.—An appeal having been taken from an order overruling a motion for an attachment based on a judgment rendered in a certain aetion and thereafter reversed, it would be futile to consider the appellant’s right because the basis of his claim was destroyed.</p>

Decided 1922-03-10

Mr. Chief Justice del Toro

¶1delivered the opinion of the court.

¶2This appeal presents the question of the authority of a district court -to order an attachment to secure the effectiveness of its judgment after that judgment, on which the order was based, had been appealed from.

¶3The District Court of San Juan, Section One, which had granted an attachment in such circumstances at the instance of the plaintiff, dissolved the attachment later on motion by the defendant on the ground that it had acted without jurisdiction. The plaintiff appealed and while the appeal was pending this court disposed of the appeal taken in the principal action by reversing the judgment and remanding the case for a new trial. No. 2486, Gandía v. Stubbe, ante, page 104.

¶4This being so, the structure of this appeal collapses of its own weight. There is no judgment. Therefore, the question submitted being merely academical, we should not consider it. The appeal is dismissed.

¶5Appeal dismissed.

Justices Wolf, Aldrey and Hutchison concurred.
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